Bonner v. John Gordon

Citations

• 63 Ill. 443

Syllabus

<p>1. Pleading—declaration on a promissory note—whether sufficient. A party declared on a promissory note, as payable to liis order, by the name and style of the First National Bank of Centraba. The note read: “We promise to pay to the order of the First National Bank,” etc.: Held, that, while it was extraordinary that the plaintiff should have taken a note payable to himself by the name and style as above, a demurrer to the declaration was improperly sustained, as such a thing was not impossible, and may have arisen from some mistake susceptible of explanation.</p> <p>2. But on the trial the mere production of the note would not prove this averment in the declaration, as it is permitted to do where a note is declared upon as payable to a plaintiff by his proper surname and the initials of his Christian name. The note, on its face, raising no presumption that it was payable to the plaintiff by the name and style set out in the declaration, that fact would have to be proven.</p>